Employment Law

We can’t deny the fact that life is unpredictable and most well-thought plans can change over time. Similarly, your perfectly calculated child support can require adjustments or modifications over time. Now that you’ve clicked on this post, you must be wondering what to do when the child support payments that you’ve been receiving all these years no longer suffice the basic needs of your child? Should you return to the court? With changing circumstances, both the parents or even one of them can request the court to modify child support in Houston, TX.

To know more about how to request and go about the process of modifying child support payments, keep reading this post.

When to ask for a modification?

What are the situations under which it is legally right to demand a modification of child support payments? Here is a list of the scenarios:

  • You lost your job suddenly
  • Either your income decreases or the other parent’s income decreases/increases
  • You get another new job
  • You become incapacitated
  • Changes in custody or visitation
  • You suddenly face imprisonment or go to jail
  • You are a part of active military service

The proofs that you’ll require to show in order to win a modification case are:

  • Your child care expenditure
  • A list of what you make in a month and what you spend
  • Prison or jail status
  • Medical insurance
  • Your status of disability
  • Retirement income (if you have any)
  • Unemployment benefits
  • Your present visitation and custody plans
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After the local child support agency reviews all the documents offered by either of the parents, they will decide whether or not a modification can be granted. If they think a modification can be allowed, they will decide on a new child support amount.

How to officially file a child support modification

Parents discuss the changes in child expenses and reach their personal agreements. However, only self-agreeing won’t work as it is vital to get formal approval for a modification request for child support from the court. The interested parent needs to file a change request and also receive the order that mentions the new amount.

In the majority of the states, turning an agreement into a modification request might seem as straightforward as filling out forms and sending them to the court. Whenever the judge agrees with the change and thinks that it is a worthy offer based on the alteration of circumstances in the child’s life, it will approve the same without any hearing.

On the other hand, if both the parents disagree on the child support modification, they will end up arguing this case in court. In such a case, a judge will listen to the proof and decide whether or not the modification to child support is apt. This process will translate to court costs and hefty attorney fees.

Hence, if you’ve long been thinking of requesting a modification of child support, get your documents and evidence ready. File a change with the court and wait for the result.

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